| State |
Status/Date |
Level |
Summary |
|
 CA | Signed into law 09/2012 | Postsec. | From bill summary: Prohibits a private postsecondary institution from offering an associate, baccalaureate, or master's degree program without disclosing that the institution, or specified degree program, is unaccredited, and lists specified limitations of the degree program whose disclosure the bill requires (currently this disclosure is required only for institutions offering an unaccredited doctoral degree program). Requires a private postsecondary institution's school catalog to include a statement specifying whether the institution, or any of its programs, are accredited by an accrediting agency recognized by the U.S. Department of Education, and, if the institution is unaccredited, or offers an unaccredited associate, baccalaureate, master's, or doctoral degree program, requires the statement to disclose the known and specified limitations of the degree program.
Removes the limitation requiring a private postsecondary institution to provide prospective students with a fact sheet on salary or wage information only if the institution or a representative of the institution makes any express or implied claim about the salary that may be earned after completing the educational program. (Requires *all* private postsecondary institutions to include salary or wage information in the fact sheet.) Requires the fact sheet to include the most recent 3-year cohort default rate for federal student loans reported by the U.S. Department of Education and the percentage of students receiving federal student loans if the institution participates in federal financial aid programs.
Revises definition of "graduates employed in the field" for purposes of the California Private Postsecondary Education Act of 2009, to include graduates who are gainfully employed within 6 months of a specified date in a single position for which the institution represents the program prepares its graduates.
Requires a private postsecondary institution to annually report, and publish in its School Performance Fact Sheet, the most recent official 3-year cohort default rate for federal student loans for the institution and the
percentage of enrolled students receiving federal student loans. Requires the information used to substantiate the annually reported rates and information to include specified information, and requires an institution to retain the information in an electronic format and make it available upon request to the Bureau for Private Postsecondary Education (in the Department of Consumer Affairs).
Requires an institution that maintains website to provide, on that website, the school catalog, a School Performance Fact Sheet for each educational program offered by the institution, student brochures offered by the institution, a link to the bureau's website, and the institution's most recent annual report submitted to the bureau. Requires the institution to include information concerning where students may access the bureau's website anywhere the institution identifies itself as being approved by the bureau. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2251-2300/ab_2296_bill_20120926_chaptered.pdf
Title: A.B. 2296
Source: www.leginfo.ca.gov
| |
| OK | Signed into law 05/2012 | P-12
Postsec. | This bill amends state law to allow private educational institutions to charge a convenience fee for use of a debit or charge card. Such a fee is limited to bank processing fees and financial transaction fees, the cost of providing for secure transaction, portal fees, and fees necessary to compensate for increased bandwidth incurred as a result of providing for an online transaction.
http://webserver1.lsb.state.ok.us/2011-12bills/SB/SB1774_ENR.RTF
Title: S.B. 1774
Source: http://webserver1.lsb.state.ok.us
| |
| CO | Signed into law 05/2012 | Postsec. | Details authority, responsibility of Commission on Higher Education to authorize, revoke right of private nonprofit or for-profit institutions for operating in Colorado. Requires institutions to have regional or national accreditation, release financial data to prove solvency. Directs Commission to adopt new procedures for renewal of institutional authorization by January 2013.
http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/64C3361BBB1CA6C187257981007DBE2F?Open&file=1155_enr.pdf
Title: H.B. 1155 (sections 12 to 20)
Source: http://www.leg.state.co.us
| |
| KY | Signed into law 04/2012 | Postsec. | Repeals and reenacts KRS 165A.340 to abolish the Kentucky Board for Proprietary Education and create the Kentucky Commission on Proprietary Education. Establishes commission membership and prescribes powers and duties. Directs the commission to hire an executive director with a background in the regulation of commerce, business or education. Designates the responsibilities of the executive director. Requires the commission to promulgate administrative regulations to establish specified policy components, including among others (1) commission operating and accountability procedures, and (2) requirements for each licensed institution to publicly disclose information about (a) the job placement rate of program graduates in the field of study and the types of jobs for which graduates are eligible and (b) articulation agreements with other postsecondary educational institutions and the rights and responsibilities of students regarding transfer of credits. Requires that the student protection fund provide refunds to students enrolled or on leave of absence by not being enrolled for 1 academic year or less from the school at the time of the closing, or incurred due to discontinuance of a program, loss of license, or loss of accreditation by a school or program. Directs the commission to promulgate administrative regulations to, among other provisions, set minimum fund balance at $500,000, levy a scaled structure of fees on each school when fund drops below minimum balance, and require institutions to make all students aware of the student protection fund and establish the process for filing claims. http://www.lrc.ky.gov/record/12RS/HB308/bill.doc
Title: H.B. 308
Source: www.lrc.ky.gov
| |
| IN | Signed into law 03/2012 | Postsec. |
Abolishes the state student assistance commission (SSAC). Abolishes the commission on proprietary education (COPE). Requires the commission for higher education (CHE) to administer the functions formerly administered by SSAC. Establishes the board for proprietary education (BPE). Permits the BPE to adopt reasonable rules. Specifies that the BPE must meet at least four times each year. Provides that the BPE is responsible for accrediting a postsecondary credit bearing proprietary educational institution. Provides that the CHE is responsible for providing staff and office space for the BPE. Specifies that the CHE is to determine the maximum higher education award and freedom of choice award, subject to approval by the budget agency with review of the budget committee. Requires the CHE to submit annual higher education award reports to the budget committee. Provides that the state workforce innovation council is responsible for accrediting postsecondary proprietary educational institutions that are non credit bearing. Establishes the office for career and technical schools within the state workforce innovation council. Provides that the market research of a postsecondary credit bearing proprietary educational institution may not be considered or required by the BPE as a condition for accrediting or renewing the accreditation of or for approval of the programs of a postsecondary credit bearing proprietary educational institution. Transfers proceedings pending before the Indiana commission on proprietary education on July 1, 2012, to the BPE for a proceeding pertaining to a postsecondary credit bearing proprietary educational institution or to the state workforce innovation council if the proceeding pertains to a postsecondary proprietary educational institution. Requires the auditor of state to transfer $300,000 of the balance of the career college student assurance fund to the career college student assurance fund administered by the BPE. Requires the state auditor to transfer the balance of the current career college student assurance fund to the student assurance fund administered by the state workforce innovation council. Requests the legislative council to assign issues relating to the accreditation of proprietary institutions to an appropriate study committee. Repeals: (1) provisions relating to establishment and administration of SSAC; (2) provisions relating to establishment and administration of COPE; (3) certain provisions requiring the CHE to provide SSAC information to implement the minority teacher or nursing scholarship program; and (4) definitions relating to SSAC or COPE. Adds transitional provisions. Makes conforming and technical amendments. http://www.in.gov/legislative/bills/2012/HE/HE1270.1.html
Title: H.B. 1270
Source: www.in.gov/legislative
| |
| OR | Signed into law 03/2012 | Postsec. | Expands duties of Higher Education Coordinating Commission to include the development and recommendation of policies to ensure or improve access to higher education
by underserved populations, recommend and encourage student success and completion initiatives, develop and recommend policies to improve the coordination of the provision of educational
services, oversee the licensing of career schools, review research efforts among the public universities of this state to improve economic development in this state, and coordinate education initiatives with the State Workforce Investment Board, the Department of Community Colleges and Workforce Development, local workforce investment boards, the Oregon Health and Science University and independent institutions of postsecondary education. Provides that the duties, functions and powers of the State Board of Education, Department of Education and Superintendent of Public Instruction relating to career schools are imposed upon, transferred to and vested in the Higher Education Coordinating Commission.
http://www.leg.state.or.us/12reg/measures/sb1500.dir/sb1538.en.html
Title: S.B. 1538
Source: leg.state.or.us
| |
| IL | Signed into law 12/2011 | Postsec. | Repeals the Private Business and Vocational Schools Act. Enacts the Private Business and Vocational Schools Act of 2012. Provides that certificates of approval granted by the state board of education under the Private Business and Vocational Schools Act repealed by this Act must remain valid through June 30, 2012. Establishes definitions. Requires an entity to obtain a permit of approval from the board of higher education ("board") prior to operating a private business and vocational school; provides exceptions. Requires a school to apply for a new permit for each location of a school operating in multiple locations, and whenever a change of ownership of a school occurs. Also requires application to the board for any change of location and for a classroom extension at a new or changed location. Specifies that issuance of the permit of approval by the board does not denote that the school or any program offered by the school is recommended, guaranteed or endorsed by the board or that the board is responsible for the quality of the school or its programs; prohibits a school from communicating this to be the case. Provides the board in approving schools does not make a guarantee of the employability of school graduates, and prohibits a school from communicating such information.
Permits a certificate to be awarded only by a private business and vocational school approved by the board to award such a certificate or by an institution approved by the board under the authority of the Private College Act, the Academic Degree Act, or the Board of Higher Education Act. Prohibits a private business and vocational school from being authorized to award a certificate or being approved as a certificate-granting institution unless it provides documentation to the board that it satisfies the criteria for approval. Provides that certain types of schools, including schools with no physical presence in the state, are not considered to be a private business and vocational school. Provides criteria to determine whether a school has a physical presence in the state.
Establishes some but not necessarily all of the criteria for approval of institutions and the programs offered under the Act; requires each entity seeking a permit of approval to demonstrate that it satisfies institution-approval criteria and that each program of study offered meets the program-approval criteria in this Act and any applicable rules. Includes among the approval criteria that institutions clearly demonstrate how a student's completion of the program of study satisfies employment requirements in the occupational field, and requires such information to be clearly and accurately provided to students. If licensure, certification or their equivalent is required of program graduates to enter the field of employment, requires the institution to clearly demonstrate that completion of the program will allow students to achieve this status. Also includes among approval criteria that tuition/fees and any other expense charged by the school be appropriate to the expected income that will be earned by graduates. Prohibits a school from having a tuition policy or enrollment agreement that requires a student to register for more than a single period of enrollment (i.e., semester, quarter, etc.) as a condition of the enrollment; also prohibits a school from charging a student for multiple periods of enrollment prior to completion of the single period of enrollment. Requires legal action against the institution, its parent company, owners, governing board or board members to be provided to the board and permits such action to be considered as a reason for denial or revocation of the permit of approval. Requires schools to clearly and conspicuously make specified disclosures on student admissions, transfers, completions, withdrawals and graduate success (including employment-in-field and starting salaries) on the school Web site, and for such information to relate to the most recent July 1-June 30 reporting period. Also requires the disclosure section to include the language "COMPLAINTS AGAINST THIS SCHOOL MAY BE REGISTERED WITH THE BOARD OF HIGHER EDUCATION", along with board contact information.
Requires each school to provide a copy of its enrollment agreement to the board, and directs the board to develop a standard enrollment agreement for use by schools that have been approved or are seeking approval. Requires that students be given a copy of the enrollment agreement when the student signs that agreement and at the time of the agreement's acceptance, if those events occur at different times. Establishes minimum content of enrollment agreements. Provides that schools and programs offered by schools are approved for 5 years; provides that failure to comply with specified provisions is grounds for immediate revocation of the permit of approval. Also requires each non-degree program of study to be approved by the board. Authorizes the board's executive director to order any school subject to this Act to cease and desist operations if the school is found to have acted contrary to the standards set forth in this Act or the supporting administrative rules. Establishes procedures to be followed before the executive director refuses to issue or renew, or revokes, any certificate or permit. Directs the board to establish rules for the appeal of decisions to revoke the permit of approval that include minimum requirements. Establishes certain violations as a Class A misdemeanor for the first offense, and Class 4 felony for any subsequent offense. Directs the board to adopt rules to pursue resolution of complaints. Sets requirements that institutions must meet to receive and maintain approval, including that institutions (1) provide data as requested by the board or provide vocational and technical educational data for the state's P-20 longitudinal data system, (2) adhere to parameters for advertising programs of study, and (3) maintain satisfactory student retention and graduation rates and state licensing examination or professional certification exam passage rates.
Requires the board to establish minimum standards for a fair and equitable refund policy that must be applied by all institutions subject to the Act; requires the same refund policy to be applied to students regardless of whether they are eligible for federal financial aid. Prohibits the advertising of a school or program of study, or the solicitation of prospective students, prior to the board's issuance of a permit of approval. Establishes procedures for the closing of a school. Requires an institution proposing to discontinue its operations to cause to be created a teach-out plan acceptable to the board, which must fulfill the school's educational obligations to its students. Also requires a closing school to return prepaid tuition to students. Requires the board to collect fees for enumerated actions (i.e., initial application for a certificate of approval, application for renewal, etc.) and permits the board to set fees for application and renewal by rule. Creates the Private Business and Vocational Schools Quality Assurance Fund as a special fund in the state treasury.Provides the board must use all moneys in the fund, subject to appropriation, to supplement support for the administration and enforcement of the Act; prohibits such funds from being used for any other purpose. Specifies acts or omissions by an owner, operator, or authorized agent of a private business and vocational school that constitute violations of this Act and unlawful practices pursuant to the Consumer Fraud and Deceptive Business Practices Act. Provides the board has rulemaking authority as necessary and appropriate to implement this Act. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0650.pdf
Title: S.B. 1795
Source: www.ilga.gov
| |
| NY | Signed into law 08/2011 | Postsec. | Extends to 2015 the effectiveness of provisions of chapter 434 of the laws of 1999, relating to the tuition reimbursement account and deposit to the proprietary vocational school supervision account. http://assembly.state.ny.us/leg/?default_fld=&bn=A07073&term=2011&Summary=Y&Actions=Y&Memo=Y&Text=Y
Title: A.B. 7073
Source: assembly.state.ny.us
| |
| CA | Signed into law 08/2011 | Postsec. | Provides that if the U.S. Department of Education does not have a relevant exam for an ability-to-benefit student (i.e., a student without a high school diploma or equivalent) to take before an enrollment agreement is executed with a private postsecondary institution, the bureau for private postsecondary education may publish its own list of acceptable exams. Reduces the time period during which an institution not participating in federal student financial aid programs may receive a student's notice of cancellation. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_1001-1050/ab_1013_bill_20110803_chaptered.pdf
Title: A.B. 1013
Source: www.leginfo.ca.gov
| |
| CA | Signed into law 07/2011 | Postsec. | From bill summary: Prohibits a private postsecondary institution from offering an unaccredited doctoral degree program without disclosing to prospective students prior to enrollment that the degree program
is unaccredited, whether the degree issued is in a field that requires licensure in California, and any known limitation of the degree, including whether the degree is recognized for licensure or certification in California and other states. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0601-0650/ab_611_bill_20110725_chaptered.pdf
Title: A.B. 611
Source: www.leginfo.ca.gov
| |
| NC | Signed into law 06/2011 | Postsec.
Community College | Establishes the State Board of Proprietary Schools in the North Carolina Community Colleges System Office. Provides that the State Board of Proprietary Schools has the authority to recommend for adoption and to administer all policies, regulations, and standards which it deems necessary for the operation of the Office of Proprietary Schools. Requires the State Board of Community Colleges, having the authority under state law to grant and issue licenses to proprietary schools by and through the State Board of Proprietary Schools, to receive written recommendation from the State Board of Proprietary Schools concerning applicants for licenses and annual renewal applications for licenses. http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/PDF/S685v6.pdf
Title: S.B. 685
Source: http://www.ncga.state.nc.us
| |
| TX | Signed into law 06/2011 | P-12
Postsec. | Directs the Texas Workforce Commission and the higher education coordinating board to jointly develop a comprehensive strategy to improve and coordinate the dissemination of online information regarding the operation and performance of career schools or colleges operating in the state. Requires such information to be organized as nearly as possible to information required for the online resumes for lower-division public institutions under Section 51A.103 (http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.51A.htm#51A.103). Requires that the information, to the extent practicable, be consistent across schools and institutions, and easily accessible and readily understandable to the public. Pages 17-18 of 21: http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/HB00736F.pdf#navpanes=0
Title: H.B. 736 - Online Information Regarding Certain Career Educational Entities
Source: www.legis.state.tx.us
| |
| AL | To governor 05/2011 | Postsec. | Relates to the regulation of certain schools and courses of instruction and exemptions from school licensing. Clarifies the definitions of for-profit and nonprofit schools. Allows additional nonprofit schools to apply for exemption from licensure.
Title: H.B. 321
Source: Westlaw/StateNet
| |
| MD | Signed into law 05/2011 | Postsec. | From Department of Legislative Services Fiscal and Policy Note: Distinguishes between public, private nonprofit, and for-profit institutions of higher education. Clarifies the scope of the Maryland Consumer Protection Act to include the unfair or deceptive offer for sale of course credit or other educational services. Creates a separate and distinct Guaranty Fund to reimburse students at for-profit institutions of higher education who are entitled to a refund of tuition and fees due to the for-profit institution's breach of agreement or contract with the student or the state. Alters the process for approval of programs offered by for-profit institutions of higher education and requires notification of specified students if a program has not been recommended for implementation. Prohibits the payment of a commission, bonus, or other incentive payment based on success in securing enrollment. Allows the Maryland Higher Education Commission (Commission) to require reasonable annual reports and data from a for-profit institution of higher education as the Commission generally requires of other institutions of higher education. Recommends that the Commission, in order to assist the state in reaching the goal that 55% of adults in Maryland will have an associate's or bachelor's degree by 2025, should consider incorporating for–profit and out–of–state institutions awarding degrees in Maryland into the goal. http://mlis.state.md.us/2011rs/chapters_noln/Ch_277_sb0695T.pdf
Title: S.B. 695
Source: http://mlis.state.md.us
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| ID | Signed into law 03/2011 | Postsec. | Adds to and amends existing law relating to postsecondary institutions and proprietary schools to revise provisions relating to registration and to provide for powers and duties of the director; to provide for civil penalties and to provide that a court may enter an order to recover costs; and to provide provisions relating to criminal penalties. Effective 07/01/11
http://legislature.idaho.gov/legislation/2011/H0204.htm
Title: H.B. 204
Source: http://legislature.idaho.gov
| |
| NC | Signed into law 03/2011 | Postsec. | Amends the definition of "Proprietary school" to include an educational institution that meets all of the following conditions:
1. Is privately owned by a sole proprietorship, partnership, limited liability company, or corporation
2. Is established as a business entity or as a nonprofit charitable organization
3. Offers instruction to individuals who (i) have completed their elementary and secondary education or (ii) are beyond the age of compulsory secondary school attendance and have demonstrated an ability to benefit from that instruction for the attainment of educational objectives, vocational objectives, or both
4. Charges tuition or receives any consideration from a student for any portion of the instruction in any form, including written or audiovisual material
5. Educates, trains, or claims or offers to educate or train students in a program leading toward (i) examinations for licensing in a profession or vocation, (ii) employment at a beginning or advanced level, or (iii) a postsecondary educational credential below the associate degree level.
The term proprietary school includes a branch or extension of a private postsecondary educational institution of another state that is located in North Carolina or that offers educational services or education at a physical location within North Carolina.
The legislation also requires proprietary school policy and regulations to provide for, at a minimum, a full refund if a student withdraws before the first day of class or the school cancels the class and 75% refund if the student withdraws within the first 25% of the period of enrollment for which the student was charged.
http://www.ncga.state.nc.us/EnactedLegislation/SessionLaws/HTML/2011-2012/SL2011-21.html
Title: S.B. 20
Source: http://www.ncga.state.nc.us
| |
| UT | Signed into law 03/2011 | Postsec. | From bill summary: Modifies definitions. Modifies institutions that are exempt from the act. Provides for the division of consumer protection to issue certificates of exemption to specified institutions and establishes a process for issuing an exemption certificate and renewals. Expands the division's authority with respect to complaints against institutions subject to the postsecondary proprietary school act. Requires institutions to file separate registration and exempt applications for each physical campus that the institution operates. Requires a proprietary school to submit a review of its continued qualification for certification. Specifies information that a proprietary school is required to submit to demonstrate that it is financially sound. Modifies a provision relating to division inspections of a proprietary school. Modifies a provision relating to criminal background checks that the division of consumer protection may require. Authorizes the division to establish a process for dealing with complaints concerning postsecondary educational institutions. Establishes a process for the division to confirm that an institution is a private nonprofit educational institution. http://le.utah.gov/~2011/bills/sbillenr/sb0210.pdf
Title: S.B. 210
Source: le.utah.gov
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| CA | Signed into law 09/2010 | Postsec. | Changes repeal date on the California Private Postsecondary Education Act of 2009 from January 1, 2016 to January 1, 2015. (Act provides for the regulation of private postsecondary educational
institutions by the Bureau for Private Postsecondary Education in the Department of Consumer Affairs.) http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0251-0300/sb_294_bill_20100930_chaptered.pdf
Title: S.B. 294
Source: www.leginfo.ca.gov
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| CA | Vetoed 09/2010 | Postsec. | From bill analysis: Requires institutions subject to the Private Postsecondary Education Act (Act) and the related oversight provided by the Bureau for Private Postsecondary Education (Bureau) to comply with placement rate calculations for specified programs, and requires remedies that could have been ordered to redress a violation of the Former Private Postsecondary and Vocational Education Act (Former Act) to remain available for certain actions. Specifically:
(1) Provides that for the purposes of determining job placement rates for an occupation or job for which the Division of Apprenticeship Standards (DAS) has approved a certified apprenticeship program, "graduates employed in the field" means graduates gainfully employed for at least 60 days within graduation in a position with job duties meeting all of the criteria of the apprenticeable occupation or job set forth by DAS.
(2) Provides that for the purposes of determining job placement rates for an occupation or job for which the Board of Registered Nursing (BRN) has established licensure requirements, "graduates employed in the field" means graduates who are gainfully employed for at least 60 days within six months of passage of the National Council of State Boards of Nursing Licensure Examination in a position with job duties meeting all of the criteria of the licensed occupation or job set forth by BRN.
(3) Provides that a remedy that could have been ordered on or before June 30, 2007, to redress a violation of the Former Act must remain available for all actions based on a violation of the Former Act that were commenced after June 30, 2007, and before January 1, 2010, except claims to the Student Tuition Recovery Fund.
Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2351-2400/ab_2393_bill_20100913_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z5mm9qagoqlnm6?&_c=d|yvcee9xanplikz|z5msx9bcq0v1fm&_ce=1285799498.b8c962d6986ee5f8d7c4f9fce9f5eff0
Title: A.B. 2393
Source: www.leginfo.ca.gov
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| CA | Vetoed 09/2010 | Postsec. | From bill analysis: Prohibits an institution from offering an unaccredited doctoral degree program without disclosing to prospective students that the degree program is unaccredited, and any known limitation of the unaccredited degree, including, but not limited to, whether the degree is recognized for licensure or certification in other states. Authorizes the bureau for private postsecondary education to publish its own list of acceptable examinations (that a student without a high school diploma or GED may achieve a passing score on to enroll in an institution) if the U.S. Department of Education does not have a list of relevant examinations that pertain to the intended occupational training. Ensures students are provided until the 1st class day or the 7th day after enrollment, whichever is later, to cancel a program and receive a refund. Alters the definition of "graduates employed in the field" to require that graduates be gainfully employed within 6 months of graduation in a position for which the skills obtained through the education and training provided by the institution are required or utilized to perform the purpose or objective of the position or major responsibilities of the position.
Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1851-1900/ab_1889_bill_20100910_enrolled.pdf
Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z5mm4sacea9mq8?&_c=d|yvcee9xanplikz|z5msx9bcq0v1fm&_ce=1285799382.7ad27d87964e36d05ca36e00ba40f8f4
Title: A.B. 1889
Source: www.leginfo.ca.gov
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| IL | Signed into law 08/2010 | Postsec. | Amends procedures for business and vocational schools seeking approval to operate in Illinois, or seeking approval to teach supplementary courses beyond those indicated in the application for the approval year for which the certificate was issued. From July 2010 until June 30, 2012, requires that application forms (or applications to provide supplementary courses) provide that private business and vocational schools with national accreditation from a U.S. Department of Education-approved accrediting agency (or that have obtained national accreditation for new courses or programs from a U.S. Department of Education-approved accrediting agency) may submit evidence of current accreditation in lieu of responses to the application requests specified in statute. Requires that applications submitted on evidence of national accreditation be approved or denied within 30 days after receipt, and that if no action is taken within 30 days, the application must be deemed approved and a certificate of approval must be issued.
http://www.ilga.gov/legislation/96/HB/PDF/09600HB4984lv.pdf
Title: H.B. 4984
Source: www.ilga.gov
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| TX | Adopted 05/2010 | Postsec. | Largely from Texas Register:
Amends provisions relating to degree-granting colleges and universities that are not Texas public institutions. Section 7.3 creates a "Conditional Certificate of Authorization" to provide a mechanism for an institution that is accredited by a higher education coordinating board-recognized accreditor to operate for a limited period of time. This also allows for the institution to verify state degree granting authority to a recognized accrediting agency prior to receiving full accreditation status. Section 7.7 incorporates reference to Conditional Certificate of Authorization in section relating to institutions accredited by board-recognized accreditors. Section 7.11, "Changes of Ownership and Other Substantive Changes", removes reference to "associate" degree to provide for fact that some programs may not offer an associate's degree.
Adopted as published in February 5, 2010 Texas Register (pp 14-16 of 134): http://www.sos.state.tx.us/texreg/pdf/backview/0205/0205prop.pdf
Title: 19 TAC 7.3, 7.7, 7.11
Source: www.sos.state.tx.us
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| WI | Signed into law 05/2010 | Postsec.
Community College | Prohibits a person that holds itself out to the public in any way as a legitimate institution of higher education from using the term "college" or "university" in its name unless the person provides an educational program for which it awards an associate or higher degree and the person is accredited. "Person" means any individual, partnership, association, corporation, or limited liability company, or any combination of these. "Grandfathers" the use of the term "college" or "university" in the name of any entity listed below that was doing business in Wisconsin prior to the effective date of the bill:
1. Schools of a parochial or denominational character offering courses having a sectarian objective.
2. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
3. Courses conducted by employers exclusively for their employees.
4. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.
5. Schools approved by the Department of Public Instruction (DPI) for the training of teachers.
Exempts certain institutions from needing EAB approval to operate in Wisconsin:
1. In-state schools that are exempt from taxation under section 501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970 (i.e., accredited private colleges and universities).
2. Schools that are supported mainly by taxes (i.e., the University of Wisconsin (UW) System and the Wisconsin Technical College System (WTCS)).
3. Schools of a parochial or denominational character offering courses having a sectarian objective.
4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
5. Courses conducted by employers exclusively for their employees.
6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.
7. Schools approved by DPI for the training of teachers.
8. Schools accredited by accrediting agencies recognized by the board.
http://www.legis.state.wi.us/2009/data/SB-431.pdf
Title: S.B. 431
Source: http://www.legis.state.wi.us
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| MI | Signed into law 01/2010 | Postsec. | Provides for the accreditation, regulation and licensing of proprietary schools; authorizes a proprietary school to sell goods or services produced or provided by a student provided that, among other things, money from the sale of the goods or services is used solely to support the school; requires a proprietary school to provide evidence of surety conditioned to provide indemnification to a student suffering loss because of inability to complete a course or program of study due to the school closing. http://www.legislature.mi.gov/documents/2009-2010/publicact/htm/2009-PA-0212.htm
Title: S.B. 786
Source: http://www.legislature.mi.gov
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| TX | Adopted 11/2009 | Postsec. | Establishes new rules concerning degree-granting colleges and universities other than Texas public institutions. As stated in the August 7, 2009 Register, "The intent of the re-write is to provide greater transparency of the rules regarding the operation of out-of-state public institutions of higher education or private institutions of higher education in Texas, while leaving the manner in which these institutions are overseen unchanged. To that end, the re-write has incorporated sections of the previous version of Chapter 7 into revised sections of the new version." The August 7, 2009 Register also provides a comment from the higher education coordinating board's assistant commissioner for academic affairs and research that the rewritten sections "will provide greater transparency in the operation and oversight of private institutions of higher education while maintaining the necessary oversight and review of these institutions."
Sections §7.4 and §7.7 adopted as published in the November 27, 2009 Register (pp 33-38 of 62): http://www.sos.state.tx.us/texreg/pdf/backview/1127/1127adop.pdf
Sections 7.1 through 7.3, 7.5, 7.6, and 7.8 through 7.13 adopted as proposed in the August 7, 2009 Register (pp 26-43 of 100): http://www.sos.state.tx.us/texreg/pdf/backview/0807/0807prop.pdf
Title: 19 TAC 1.7.7.1 -.13
Source: www.sos.state.tx.us
| |
| OH | Adopted 06/2009 | Postsec.
Community College | Amends rules regarding career colleges and schools. Replaces all references to the state board of "proprietary school registration" to state board of "career colleges and schools."
Highlights:
3332-1-04.5: Authorizes the state board of career colleges and schools to suspend, revoke or refuse to issue or renew a certificate of registration or program
authorization or to impose a penalty for failure to maintain or conform to any additional required state program approval, certification or licensing requirements beyond those enumerated in the rule. http://www.registerofohio.state.oh.us/pdfs/3332/0/1/3332-1-04$5_PH_FF_A_RU_20090603_0959.pdf
3332-1-12.1: Bars a school from claiming accreditation from an accrediting agency through any of its advertising or promotional material, or during the solicitation process if the accrediting agency is not currently recognized by the U.S. Department of Education. http://www.registerofohio.state.oh.us/pdfs/3332/0/1/3332-1-12$1_PH_FF_A_RU_20090603_0959.pdf
3332-1-14: Provides career colleges and schools may be required to administer student surveys on behalf of the board in order to determine student satisfaction. http://www.registerofohio.state.oh.us/pdfs/3332/0/1/3332-1-14_PH_FF_A_RU_20090603_0959.pdf
3332-1-18: Eliminates provision in complaints rule that the board will make every attempt to preserve the anonymity of the complainant if so requested. Authorizes the executive director, on behalf of the board, to enter into consent agreements or corrective action plans with registered schools in order to ensure that any potential violations have been eliminated and to ensure that any potential violations will not occur in the future. Provides that all consent agreements and corrective action plans entered into by the board are considered public records. http://www.registerofohio.state.oh.us/pdfs/3332/0/1/3332-1-18_PH_FF_A_RU_20090603_0959.pdf
Title: OAC 3332-1-01, -02, -04.5, -11, -12.1, -14, -18 thru -22, -22.1
Source: www.registerofohio.state.oh.us
| |
| IA | Signed into law 03/2009 | Postsec. | Transfers the authority to register postsecondary schools from the Secretary of State to the College Student Aid Commission; adds "or other distance delivery method" to the requirement that "except as otherwise provided in subsection 4 2, every person, firm, association, or corporation maintaining or conducting in Iowa any such course of instruction, by classroom instruction or by correspondence, or other distance delivery method" . . .needs to provide evidence of financial responsibiltiy. Provides for related matters; makes penalties applicable.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=SF270
Title: S.B. 270
Source: http://coolice.legis.state.ia.us
| |
| SD | Signed into law 03/2009 | Postsec. | Allows a person or entity to offer postsecondary education credit while seeking accreditation from a recognized accrediting agency; relates to an affiliation agreement; relates to financial aid programs, transcripts and federal financial aid.
http://legis.state.sd.us/sessions/2009/Bills/HB1149ENR.pdf
Title: H.B. 1149
Source: http://legis.state.sd.us
| |
| ID | Signed into law 02/2009 | Postsec. | Relates to proprietary schools; revises provisions relating to annual registration fees; provides for issuance of certificates of identification for agents of proprietary schools who solicit students on behalf of such schools; provides for criminal history checks of agents; requires that proprietary schools obtain a surety bond as a condition of registration; repeals the Student Tuition Recovery Account, which provides relief for losses suffered by students upon closure of a school.
Chapter 26
http://www.legislature.idaho.gov/
Title: S.B. 1012
Source: http://www.legislature.idaho.gov/
| |
| LA | Signed into law 07/2008 | Postsec.
Community College | Amends provisions of law related to the Tuition Opportunity Program for Students Tech Award (TOPS-Tech Award). Effective with the 2009-2010 award year and thereafter, expands eligibility to include any school registered by the state board of cosmetology and any proprietary school with a valid license issued by the board of regents. Provides for the calculation of the award amount with regard to such schools. http://www.legis.state.la.us/billdata/streamdocument.asp?did=504098
Title: H.B. 1278
Source: Lexis-Nexis/StateNet
| |
| NH | Signed into law 03/2008 | Postsec.
Community College | Amends the procedures for regulation of private postsecondary career schools.
http://www.gencourt.state.nh.us/legislation/2008/SB0173.html
Title: S.B. 173
Source: http://www.gencourt.state.nh.us
| |
| TX | Adopted 01/2008 | Postsec. | Establishes new rules concerning Private and Out-of- State Public Postsecondary Educational Institutions Operating in Texas. Allows the Texas Higher Education Coordinating Board to recognize accrediting agencies with a commitment to academic quality and student achievement that demonstrate, through an application process, compliance with the following criteria:
(A) Is recognized by the Secretary of Education of the United States Department of Education as an institutional accrediting agency authorized to accredit educational institutions that offer the associate degree or higher; (B) Is applying for the same scope of recognition as that for which it is recognized by the Secretary of Education of the United States Department of Education; (C) Accredits higher education institutions that have legal authority to confer higher education degrees; (D) Requires an onsite review by a visiting team as part of initial and continuing accreditation of educational institutions; (E) Has policies or procedures that ensure the entity will promptly respond to requests for information from the Board; and (F) Has sufficient resources to carry out its functions. Also addresses continuing recognition requirements.
http://www.thecb.state.tx.us/GeneralPubs/Agenda/Ag2008_01/VIIIM/VIIIMA1.pdf
Title: Chapter 7, Subchapter A, Sections 7.1 - 7.24
Source: http://www.thecb.state.tx.us
| |
| TN | Signed into law 06/2007 | Postsec. | Concerns Education, Higher; creates joint study committee for proprietary schools; created a special joint legislative study committee to consider, evaluate, and make recommendations regarding the state's statutory and regulatory oversight of the creation and operation of proprietary and career colleges. Expires January 1, 2008.
http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0542.pdf
Title: S.B. 1302
Source: http://www.legislature.state.tn.us
| |
| SC | Signed into law 05/2007 | Postsec. | Relates to the Nonpublic Post Secondary Institution License Act. Before an institution is licensed under this chapter, the commission may require that a surety bond be provided by the institution in an amount in compliance with the regulations prescribed by the commission. The obligation of the bond is that the institution, its officers, agents, and employees shall faithfully perform the terms and conditions of contracts for tuition and other instructional fees entered into between the institution and persons enrolling as students. The bond must be issued by a company authorized to do business in the State of South Carolina. The bond must be to the commission, in that form as approved by the commission, and is to be used for the benefit of students who suffer financial losses of tuition and fees prepaid to an institution as a result of the closing of the institution. The commission may use the funds for these purposes to pay refunds to these students for unearned tuition and fees, to pay for or subsidize the cost of providing facilities and instruction for these students to complete their programs, or to pay expenses to store and maintain student records of these students.
http://www.scstatehouse.net/sess117_2007-2008/bills/321.htm
Title: S.B. 321
Source: http://www.scstatehouse.net
| |
| IN | Signed into law 05/2007 | P-12
Postsec.
Community College | Recodifies the law governing higher education. Changes references in provisions that cross reference to the law being recodified. Makes related changes. Repeals obsolete provisions. (The introduced version of this bill was prepared by the code revision commission.)
Title: S.B. 526 (omnibus) - Recodification of Higher Education Code
Source: http://www.in.gov/legislative/bills/2007/SE/SE0526.1.html
| |
| WA | Signed into law 04/2007 | Community College
Postsec. | It is clarified that private vocational schools must meet the minimum requirements to obtain and maintain an operating license. Private vocational schools must demonstrate their financial viability and responsibility to the Workforce Training and Education Coordinating Board (WTECB). If any of the requirements are not met, the WTECB may deny the private vocational school's license application. Before enrolling students for whom English is a second language, the schools must administer an English as a second language examination, unless the student graduated from a United States high school or passes a General Educational Development test or other approved assessment in English. The school must comply with the requirements related to the qualifications of administrators and instructors.
If the WTECB determines that a private vocational school is at risk for closure or termination, the school may be required to take corrective action. In making the determination, the WTECB considers whether there is a pattern or history of substantiated student complaints or whether there is a present and historical pattern of failing to meet minimum requirements. If a school closes without providing adequate student notice, the WTECB provides transition assistance to the students including information regarding: transfer options, financial aid
discharge procedures, labor market and job placement assistance, and other available support services.
http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Senate%20Passed%20Legislature/5402.PL.pdf
Title: S.B. 5402
Source: Lexis-Nexis/StateNet
| |
| NY | Adopted 12/2006 | Postsec. | Sets forth requirements that a for-profit institution must meet forRegents authorization to confer degrees and that a prospective owner of a proprietary college must meet to obtain Regents consent to the transfer of the degree-conferring authority of the institution, and to establish requirementsfor the revocation and surrender of degree-conferring authority at proprietary colleges.
Title: Title 8 NYCRR Sections 3.46 and 3.58
Source: Lexis-Nexis/StateNet
| |
| ID | Temporary Rule Adoption - Concurrently Proposed 08/2006 | Postsec. | Repeals existing section 08.01.11 in its entirety. Sets forth the registration requirements for postsecondary educational institutions that are required to register with the Idaho State Board of Education ("Board") under Section 33-2402 and -2403 of Idaho Code, respectively. Describes the standards and criteria for board recognition of accreditation organizations, for registration purposes and for acceptance of academic credit. Describes the board process to evaluate courses for acceptance for academic credit at Idaho's public postsecondary institutions. Pages 97-112 of 647: http://adm.idaho.gov/adminrules/bulletin/bul/06oct.pdf
Title: IDAPA 08.01.11
Source: adm.idaho.gov
| |
| VA | Signed into law 04/2006 | Postsec.
Community College | Requires that all out-of-state academic-vocational noncollege degree schools operating in good standing in the Commonwealth prior to July 1, 2006, that have not obtained accreditation by an accrediting agency recognized by the United States Department of Education secure accreditation candidacy status by July 1, 2009, and full accreditation by July 1, 2012. Further, on and after July 1, 2006 all out-of-state academic-vocational noncollege degree schools, subject to the provisions of Chapter 21.1 of Title 23, must disclose their accreditation status in all written materials advertising or describing the school that are distributed to prospective or enrolled students or the general public.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0814
Title: H.B. 38
Source: http://leg1.state.va.us
| |
| ID | Signed into law 03/2006 | Postsec.
Community College | Rewrites provisions related to the state board's register of degree-granting postsecondary institutions. Clarifies that the state board must determine whether to accept academic credit at public postsecondary educational institutions in Idaho. Bars academic credit from being transferred into any public postsecondary institution from an institution not accredited by an organization recognized by the board. Clarifies that the board must maintain a register of proprietary schools in the state. Creates new section requiring each postsecondary institution in the state not supported by tax dollars to register annually with and hold a valid certificate of registration issued by the board. requires the registration process to include a description of each degree, course or program, for academic credit or otherwise, that a postsecondary institution intends to provide. Requires the state board to assess an annual registration fee on each institution required to be registered.
Creates separate section requiring proprietary schools operating in the state to register annually with and hold a valid certificate of registration issued by the board or its designee. Lists entities exempt from this requirement. Requires the state board to assess annual registration fee on each proprietary school required to be registered. http://www3.state.id.us/oasis/H0712.html
Title: H.B. 712
Source: www3.state.id.us
| |
| IN | Signed into law 03/2006 | Postsec. | Establishes minimum standards for the owners and chief administrators of postsecondary proprietary educational institutions. Adds conditions to the list of provisions for which full accreditation of a proprietaryy institution cannot be issued: If the owner or chief administrator of the postsecondary proprietary educational institution has not been the owner or chief administrator of a postsecondary proprietary institution that has had its accreditation revoked or has been closed involuntarily in the five (5) year period preceding the application for accreditation. However, if the owner or chief administrator of the postsecondary proprietary educational institution has been the owner or chief administrator of a postsecondary proprietary educational institution that has had its accreditation revoked or has been closed involuntarily more than five (5) years before the application for accreditation, the commission may issue full accreditation at the commission's discretion.
Also raises the amounts of surety bonds required from postsecondary proprietary educational institutions, and increases the mature balance in the Career College Student Assurance Fund. Currently, if the fund balance in the Career College Student Assurance Fund is greater than $100,000, then the surety bond required of the institution is reduced. The bill removes the proportionate reduction in surety bonds and does not require a surety bond if the fund balance is $1 M or more. The increase would help insure that if a postsecondary proprietary educational institution closed, students would be able to recover tuition they may have paid.
http://www.in.gov/legislative/bills/2006/PDF/HE/HE1257.1.pdf
Title: H.B. 1257
Source: Lexis-Nexis/StateNet, www.in.gov/legislative/bills
| |
| WY | Signed into law 03/2006 | Postsec. | Relates to private school licensing; transfers duties from the state board to the department of education; requires registration of all accredited private degree granting postsecondary education institutions as specified; requires notification upon first entry into state; prohibits operation without registration; eliminates licensure requirements for nonaccredited private degree granting postsecondary education institutions; imposes fees; requires bonding by institutions under specified conditions; specifies application; imposes transitional duties on the department of education; imposes duties. http://legisweb.state.wy.us/2006/Enroll/SF0069.pdf
Title: S.B. 69
Source: http://legisweb.state.wy.us
| |
| VA | Signed into law 03/2006 | P-12
Postsec. | Authorizes the State Council of Higher Education for Virginia to recover a civil penalty of at least $200 but not more than $1,000 per violation, for each violation of the chapter relating to regulation of certain private and out-of-state institutions. The civil penalty is available when there has been no criminal prosecution instituted against such postsecondary school.
http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0048
Title: H.B. 36
Source: http://leg1.state.va.us
| |
| DE | Signed into law 07/2005 | Postsec. | This Act requires a private business or trade school or their agent to have its certificate of approval renewed annually based upon the original effective date of approval. Also clarifies the procedures related to hearings. http://www.legis.state.de.us/LIS/LIS143.nsf/vwLegislation/
Title: H.B. 233
Source: http://www.legis.state.de.us
| |
| CT | Signed into law 06/2005 | Postsec. | To potentially lessen the amount taken from the student protection account when a new school closes. Increases from $10,000 to $20,000 the amount of the letter of credit a new private occupational school must provide the state commissioner guaranteeing the payments required of the school to the private occupational school student protection account. States the letter of credit required by this subsection must be excused once a school has paid in excess of twenty thousand dollars (rather than ten thousand) into the private occupational school student protection account or 8 years (increased from 5 years) from the date of initial approval, whichever occurs first.
http://www.cga.ct.gov/2005/act/Pa/2005PA-00060-R00HB-06795-PA.htm
Title: H.B. 6795
Source: www.cga.ct.gov
| |
| TX | Signed into law 06/2005 | Postsec. | Requires the owners or administrators and admissions personnel of private career schools and colleges to meet the minimum qualifications and training requirements established by Texas Workforce Commission (commission) rule. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02333&VERSION=5&TYPE=B
Title: H.B. 2333
Source: http://www.capitol.state.tx.us
| |
| TX | Signed into law 06/2005 | Postsec.
Community College | From bill analysis: Modernizes the language and consumer protection intent of the Proprietary School Act, which has not been updated in 33 years, to better serve career school students. These changes will align terms and processes with national accreditation and federal regulation currently being used by the career schools and colleges in all parts of Texas. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02806&VERSION=5&TYPE=B
Title: H.B. 2806
Source: http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02806&VERSION=5&TYPE=B
| |
| UT | Signed into law 03/2005 | Postsec.
Community College | Prohibits a proprietary school from making or causing to be made any oral, written, or visual statement or representation that an institution knows or should know to be:
(a) false;
(b) deceptive;
(c) substantially inaccurate; or
(d) misleading.
Modifies other provisions related to proprietary schools. http://www.le.state.ut.us/~2005/bills/sbillenr/sb0018.pdf
Title: S.B. 18
Source: http://www.le.state.ut.us
| |
| VA | Emergency Rule Adoption 11/2004 | Postsec.
Community College | Incorporates nondegree proprietary schools into SCHEV current policy of self-certification. VIRGINIA REG 565 (SN)
Title: 8 VAC 40-30, 40-31-10 thru -320
Source: StateNet
| |
| CA | Vetoed 09/2004 | Postsec. | Relates to the Private Postsecondary and Vocational Education Reform Act of 1989. Defines nationally accredited institution to mean an institution that provides a degree, diploma or certificate and that is accredited by a recognized national institutional accrediting body. Recasts and revises the standards of approval of a non-WASC regionally accredited institution to issue degrees, diplomas or certificates and financial responsibility requirements. Defines ''recognized national institutional accrediting body'' to mean an institutional accrediting agency that is recognized by the United States Department of Education pursuant to a specified provision of federal law as a reliable authority as to the quality of education and training offered by postsecondary educational institutions, and the scope of the recognition of which is not limited to a specific region of the United States. Also specifies 5 bodies to which this definition is limited. Exempts nationally accredited institutions and non-WASC nationally accredited institutions that meet prescribed standards from being required to apply to the bureau to issue degrees, diplomas, or certificates that were not previously included in the bureau's approval to operate these institutions. http://www.leginfo.ca.gov/pub/bill/asm/ab_0701-0750/ab_711_bill_20040826_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_711_veto.pdf
Title: A.B. 711
Source: California Legislative Web site
| |
| CA | Signed into law 09/2004 | Postsec.
Community College | Amends the Private Postsecondary and Vocational Education Reform Act. Makes a technical revision to delete obsolete provisions of a predecessor act. Revises the definition of a private postsecondary and vocational educational institutions to exclude institutions
exclusively offering programs that cost $500 or less. Deletes the definition in the act of ''short-term seminar training''. Requires the Director of Consumer Affairs to appoint a Private Postsecondary and Vocational Education Operations and Administrative Monitor. Requires the monitor to assess the bureau's administrative operations and to submit a report to the director, the bureau, and the Legislature by October 1, 2005. Those monitor provisions become inoperative on April 1, 2006, and are repealed as of January 1, 2007. Defines ''short-term educational programs,'' and
requires registration under the act to offer those programs. Makes appropriations. http://www.leginfo.ca.gov/pub/bill/sen/sb_1501-1550/sb_1544_bill_20040924_chaptered.pdf
Title: S.B. 1544
Source: www.leginfo.ca.gov
| |
| KS | Signed into law 05/2004 | Postsec. | Provides procedures for a certificate of approval and the revocation therefor for private and out-of- state postsecondary educational institutions; creates the Workforce Development Loan Program for vocational and technical training loans; exempts Family Postsecondary Education Savings Accounts from garnishment; relates to out-district tuition of a municipal university and county taxation for the payment of such tuition for students.
Title: H.B. 2795
Source: StateNet
| |
| VT | Signed into law 05/2004 | Postsec. | One provision of this bill requires a person intending to operate a postsecondary school, to apply for a certificate of approval from the state board of education prior to registering a name under this section. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/bills/passed/H-756.HTM
Title: H.B. 756
Source: http://www.leg.state.vt.us/docs
| |
| AL | Signed into law 04/2004 | P-12
Postsec.
Community College | Relates to the licensing and regulating of certain schools offering courses of instruction; amends specify schools exemptions from licensing requirements; amends specification of the licensing authority of the Alabama Department of Postsecondary Education, to increase the maximum required surety for postsecondary proprietary institutions. http://alisdb.legislature.state.al.us/acas/ACASLogin.asp
Title: H.B. 196
Source: Alabama Legislative Web site
| |
| WI | Rule Adoption 04/2004 | Postsec. | Establishes rules relating to the regulation of for- profit postsecondary schools; out-of-state, non-profit colleges and universities; and in-state, non-profit institutions incorporated after 1991. WISCONSIN REG 20331 (SN)
Title: EAB 3 and 4
Source: StateNet
| |
| VA | Signed into law 04/2004 | Postsec.
Community College | Regulation of certain private and out-of-state institutions of higher education. Revises the definition of "institution of higher education" as set forth in the law regulating private and out-of-state colleges, universities, etc., to provide an explicit exception for any public institution of higher education established in statute as an authority and declared a governmental instrumentality pursuant to § 23-14. Present law provides an exception for all state-supported institutions of higher education that are listed in § 23-9.5. However, Eastern Virginia Medical School is covered by the law by virtue of the fact that it is not so listed as a "state-supported institution of higher education" (although EVMS does receive some state funds). Thus, this public institution is currently inadvertently captured under the reporting, etc. requirements of the law relating to private and out-of-state entities. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0671
Title: S.B. 173
Source: http://leg1.state.va.us
| |
| WY | Signed into law 03/2004 | Postsec. | Relates to private post secondary school licensing; modifies performance bonding amounts.
Title: S.B. 15
Source: StateNet
| |
| CA | Signed into law 09/2003 | Postsec. | Defines non-Western Association of Schools and Colleges regionally accredited institution under the Private Postsecondary and Vocational Educational Reform Act of 1989. Provides such institution meet certain requirements before issuing degrees. Requires the bureau to include, in an annual report to the Legislature and the Postsecondary Education Commission, its findings and recommendations relative to approved institutions. http://www.leginfo.ca.gov/pub/bill/sen/sb_0951-1000/sb_967_bill_20030908_chaptered.html
Title: S.B. 967
Source: California Legislative web site
| |
| RI | Became law without governor's signature 09/2003 | Postsec. | Relates to private schools; requires all institutions of higher learning which are established, incorporated or doing business in this state, to first obtain accreditation by the New England Association of Schools and Colleges (NEASC). This act would take effect upon passage.
Title: S.B. 867
Source: StateNet
| |
| LA | Signed into law 06/2003 | Postsec. | Provides that schools which operate over the Internet are included in the definition of proprietary schools; increases membership of the advisory commission on proprietary schools from eight to nine members, so that the board of regents appoints two members rather than one. (Proprietary schools do not include any school that receives public funds, either from a state or local source). http://www.legis.state.la.us/bills/byinst.asp?sessionid=03RS&billid=HB456&doctype=BT
Title: H.B. 456
Source: www.legis.state.la.us
| |
| FL | Signed into law 06/2003 | Postsec. | Creates Access to Better Learning & Education Grant Program; provides legislative findings regarding education provided by for-profit colleges & universities; provides for the Department of Education to administer grant program for students attending for-profit institutions; requires institutions to remit undisbursed funds to DOE; limits period a student may receive grant.
http://www.flsenate.gov/session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&BillNum=0638&Year=2003&Chamber=Senate#BillText
Title: S.B. 638
Source: Florida Legislative Web site
| |
| NE | Signed into law 05/2003 | P-12
Postsec. | LB 685, as amended, includes provisions from LB's 264, 683 and 684 pertaining to teacher certification and private postsecondary
career schools. Changes provisions relating to the issuance of administrator and teacher education certificates and permits to provide more flexibility in the certification of qualified educators for Nebraska schools and not to decrease any requirements for certificates to teach, provide special services, and administer in Nebraska schools. Defines basic skills competency as either (a) proficiency in (i) the written use of the English language, (ii) reading, comprehending, and interpreting professional writing and other written materials, and (iii) working with fundamental mathematical computations as demonstrated by successful completion of an examination designated by the board taken by teacher education students at a standard institution of higher education or (b) successful employment experiences. Establishes a new Certification Fund to replace the existing Teachers' Certification Fund. It also reduces the amount of teacher certificate fees that are placed in the Professional Practices Fund. The balance of the existing Teachers' Certification Fund is deposited into the new fund on the effective date of the bill. Provides that $13, rather than $15, of the $45 fee for a certificate or permit is to be used for costs of the Professional Practices
Commission. The $2 difference is instead used to certify educators and is placed in the newly created Certification Fund. Allows private postsecondary career schools to apply to te department of education for authority to award baccalaureate degrees. The department is required to refer these applications to the Coordinating Commission for Postsecondary Education for its review and approval. The bill authorizes
the Coordinating Commission to assess reasonable fees based on its administrative costs to conduct such reviews. http://www.unicam.state.ne.us/index.htm
Title: L.B. 685
Source: http://www.unicam.state.ne.us
| |
| KY | Signed into law 03/2003 | Postsec. | Moves State Board for Proprietary Education to be attached to the Finance and Administration Cabinet, Department for Administration, Division of Occupations and Professions, rather than the Cabinet for Workforce Development. Specifies that the three members from list of seven names submitted by Kentucky Association of Career Colleges and Schools represent privately-owned educational institutions. Changes from two to three the number of members who represent technical schools, and from six to five the number of members representing the public at large. Specifies that the director of the division of occupations and professions in the finance and administration cabinet must serve as the board's executive director. Deletes language allowing the board to employ and determine the pay of the director and board administrative staff. http://www.lrc.state.ky.us/RECORD/03RS/SB179/bill.doc
Title: S.B. 179
Source: http://www.lrc.state.ky.us
| |
| WY | Signed into law 02/2003 | Postsec. | Imposes additional requirements upon degree granting post secondary education institutions as specified; increasing fees for such licensed institutions; imposes a processing fee for all licensees; increases bonding requirements. To enforce this section, the department may provide for random, unannounced on-site visitations at designated office space locations of any degree granting post secondary education institution. Unless a waiver is granted by the department for an otherwise qualified instructor, the remaining fifty percent (50%) have received at least a bachelor's degree in their respective field of study from a college or university accredited by a recognized regional accrediting association or as evidenced by an evaluation organization.
Title: S.B. 78
Source: http://legisweb.state.wy.us
| |
| MD | Signed into law 05/2002 | P-12
Postsec. | Authorizes the Department of General Services to purchase materials, supplies and equipment on behalf of specified private elementary and secondary schools; prohibits the Departments of General Services from purchasing religious materials on behalf of a private elementary of secondary school or nonpublic institutions of higher education. http://mlis.state.md.us/2002rs/bills/hb/hb0779t.rtf
Title: H.B. 779
Source: mlis.state.md.us
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| SC | Signed into law 05/2002 | Postsec. | Relates to definitions in regard to the South Carolina nonpublic post-secondary institution license act; relates to exclusions from the definition of nonpublic educational institution; provides for those activities, courses, or institutions that come within this exclusion; provides for when the commission on higher education may proceed with a denial or revocation and impose probation and delay a new class term of nonpublic educational institutions.
Title: H.B. 4818
Source: Lexis-Nexis/StateNet
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| UT | Signed into law 03/2002 | Postsec. | Modifies provisions related postsecondary proprietary schools; transfers the responsibility for registering and regulation postsecondary proprietary schools from the State Board of Regents to the Division of Consumer Protection.
Title: H.B. 111
Source: Lexis-Nexis/StateNet
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| VA | Signed into law 03/2002 | Postsec. | Regulates private and out-of-state institutions of higher education.
Title: S.B. 627
Source: Lexis-Nexis/StateNet
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| OH | Signed into law 11/2001 | Postsec. | Exempts from regulation by the State Board of Proprietary School Registration any accredited institution operated by a for-profit corporation that grants baccalaureate and master's degrees approved by the Board of Regents.
Title: S.B. 116
Source: Lexis-Nexis/StateNet
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| IL | Signed into law 05/2001 | Postsec. | Amends the Private Business and Vocational Schools Act; provides that an educational institution that on January 2, 2001 enrolls a majority of its students in degree programs, has maintained an accredited status, and is regulated by the Board of Higher Education under the Private College Act or the Academic Degree Act is not a private business and vocational school under the Private Business and Vocational Schools Act.
Title: S.B. 317
Source: Lexis-Nexis/StateNet
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| TX | Signed into law 05/2001 | Postsec. | Prior to expiration of a certificate of approval, each proprietary school is required to forward to the Texas Workforce Commission an application for renewal. The Texas Workforce Commission is required to reexamine the premises of the school as frequently as the commission considers necessary and renew, revoke, or deny renewal of the school's certificate of approval. The commission may charge each proprietary school a fee for the cost of a service that collects, analyzes, and reports student-level data in order to assess the outcome of students who attend proprietary schools. The total amount of the fees charged under this subsection must not exceed the cost of the service to the commission.
Title: H.B. 1985
Source: http://www.house.state.tx.us/
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| NC | Signed into law 05/2001 | Postsec.
Community College | Session Law Number 123. Modifies the membership of the education cabinet to include representatives of independent colleges and universities: The Education Cabinet shall consist of the Governor (Chair), the president of The University of North Carolina, the state superintendent of public instruction, the chair of the state board, the president of the North Carolina Community Colleges System, and the president of the North Carolina Independent Colleges and Universities. Allows, rather than requires, the Education Cabinet to invite other representatives of private education to participate in its deliberations as adjunct members.
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Title: S.B. 735
Source: Lexis-Nexis/StateNet
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| VT | Signed into law 05/2001 | Postsec. | Increases the scope to include any institution that uses the words "college," "university" or "institute," which is intended to indicate that it offers postsecondary education; requires that the institution apply for a certificate of approval from the state board prior to registering the business name, receive approval from the state prior to both offering credit-bearing courses and admitting its first student, and secure a certificate of degree-granting authority from the state board prior to conferring a degree to a student enrolled in its Vermont school; exempts non credit-granting postsecondary schools and religious instruction not resulting in earned credits as well as non-degree schools.
Title: S.B. 86
Source: Lexis-Nexis/StateNet
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| WV | Signed into law 05/2001 | Postsec. | Provides higher education adult part-time student grants to students enrolled in post-secondary certificate, industry recognized credential and other skill development programs of study in demand occupations.
Title: H.B. 2897
Source: West Virginia Department of Education - Legislative Update
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| HI | Signed into law 04/2001 | Postsec. | Exempts an accredited degree granting institution from the disclosure requirement under specified conditions.
From the legislation:
(B) WHERE PROMOTIONAL MATERIAL FOR AN UNACCREDITED INSTITUTION CONSISTS OF AN ADVERTISEMENT IN A PERIODICAL PUBLISHED BY A PERSON OR ENTITY THAT IS NOT AFFILIATED WITH THE UNACCREDITED INSTITUTION, THE DISCLOSURE REQUIRED IN SUBSECTION (A) MAY BE ABBREVIATED TO STATE AS FOLLOWS: NOT ACCREDITED BY AN AGENCY RECOGNIZED BY THE U.S. SECRETARY OF EDUCATION. THE DISCLOSURE REQUIRED UNDER THIS SUBSECTION SHALL BE MADE IN A TYPE SIZE AS LARGE OR LARGER THAN ANY OTHER TEXT IN THE ADVERTISEMENT.
Title: H.B. 761
Source: Lexis-Nexis/StateNet
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| WA | Signed into law 04/2001 | Postsec. | Relates to liability and licensure of private vocational schools; provides responsibilities toward students enrolled in such schools; provides the owners of such schools shall create a Tuition Recovery Trust Fund to assure payment of claims related to school closures; provides for unfair business practices of such schools.
Title: H.B. 1313
Source: ttp://www.leg.wa.gov/senate
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| ND | Signed into law 03/2001 | Postsec. | Relates to the authorization and incorporation of private postsecondary educational institutions.
Title: H.B. 1068
Source: Lexis-Nexis/StateNet
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| DE | Signed into law 07/2000 | P-12
Postsec. | Amends a Section of law by confirming the corporations which may conduct private business or trade schools only with the approval of the Department of Education; requires that these schools obtain the Department of Education's approval before filing for an original or amended certificate of incorporation from the Secretary of State.
Title: S.B. 406
Source: Lexis-Nexis/StateNet
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| OK | Signed into law 06/2000 | Postsec. | Sets budget limits for the Oklahoma Board for Private Vocational Schools (salary of director, number of staff, etc.) and requires evaluation.
Title: S.B. 928
Source: Lexis-Nexis/StateNet
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| KY | Signed into law 04/2000 | Postsec. | Relates to the Kentucky Higher Education Assistance Authority; expands the definition of college to include postsecondary educational institutions accredited by all regional accrediting associations.
Title: H.B. 44
Source: Lexis-Nexis/StateNet
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| WY | Signed into law 03/2000 | Postsec. | Relates to private school licensing; imposes additional licensing requirements upon post secondary education institutions subject to licensure; prohibits specified practices; requires disclosure.
Title: S.B. 26
Source: Lexis-Nexis/StateNet
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| AZ | Signed into law 03/2000 | Postsec. | Relates to the Arizona State Board of Private Postsecondary Education. One component requires the board to 1) Administer the student tuition recovery fund; 2) Receive claims against the fund from persons injured and provide students' educational records from closed institutions; 3) Determine the amount of monies to be drawn to administer fund; 4) Deduct reasonable costs for any of the following: (A) Seizing student records from a closed school; (B) Processing student record requests; (C) Reimbursing the board of a third party.
Title: H.B. 2223
Source: Lexis-Nexis/StateNet
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